House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 26th June 2008
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Climate Change Bill [Lords], continued

(3)
As soon as is reasonably practicable after giving its advice to the Secretary of

State, the Committee must publish that advice in such a manner as it considers

appropriate.’.

Committee’s power to audit emissions statistics

Martin Horwood

Steve Webb

NC14

To move the following Clause:—

‘(1)
The Committee shall comment on the accuracy of the Government’s statistics on

emissions and provide the Secretary of State with advice on them.

(2)
The Committee must, at the time it gives its advice under this section to the

Secretary of State, send a copy to the other national authorities.

(3)
As soon as is reasonably practicable after giving its advice to the Secretary of

State, the Committee must publish that advice in such a manner as it considers

appropriate.’.

Advice on climate change policy from Committee to Secretary of State

Martin Horwood

Steve Webb

NC15

To move the following Clause:—

‘(1)
The Committee may provide the Secretary of State with advice on any policy

matters related to climate change.

(2)
The Committee must, at the time it gives its advice to the Secretary of State, send

a copy to the other national authorities.

(3)
As soon as is reasonably practicable after giving its advice to the Secretary of

State, the Committee must publish that advice in such a manner as it considers

appropriate.’.

International negotiations by the Foreign and Commonwealth Office

Martin Horwood

Steve Webb

NC16

To move the following Clause:—

‘(1)
In international climate change agreement negotiations the Secretary of State for

the Foreign and Commonwealth Office and all persons acting on his behalf must

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Climate Change Bill [Lords], continued

work towards achieving an international agreement which prevents dangerous

climate change.

(2)
For the purposes of this section “dangerous climate change” is deemed to have

occurred when global average temperature increase is more than C above pre-

industrial levels.

(3)
Agreement should be based on the principles of contraction and convergence, that

is the principle of contraction of global carbon emissions and convergence of per

capita emissions across the global population.

(4)
In reaching such an agreement the Secretary of State for the Foreign and

Commonwealth Office and all persons acting on his behalf should act in concert

with the UN and the EU.’.

New Schedule

Mr Phil Woolas

NS1


To move the following Schedule:—

‘Charges for single use carrier bags

Part 1

Powers to make regulations about charges

General power

1
The relevant national authority may make provision by regulations about

charging by sellers of goods for the supply of single use carrier bags.

Requirement to charge

2
The regulations may make provision requiring sellers of goods to charge for

single use carrier bags supplied—

(a)
at the place where the goods are sold, for the purpose of enabling the

goods to be taken away, or

(b)
for the purpose of enabling the goods to be delivered.

Sellers of goods

3    (1)
“Seller”, in relation to goods, has the meaning given by the regulations which

may define that term by reference (in particular) to—

(a)
a person’s involvement in selling the goods,

(b)
a person’s interest in the goods, or

(c)
a person’s interest in the place at or from which the goods are sold,


or any combination of those factors.

      (2)
The regulations may make provision for regulations under this Schedule to

apply—

(a)
to all sellers of goods,

(b)
to sellers of goods named in the regulations,

(c)
to sellers of goods identified by reference to specified factors, or

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Climate Change Bill [Lords], continued

(d)
to sellers of goods within paragraph (b) and sellers of goods within

paragraph (c).

      (3)
The specified factors may include—

(a)
the place or places at or from which a seller supplies goods;

(b)
the type of goods that a seller supplies;

(c)
the value of goods that a seller supplies;

(d)
a seller’s turnover or any part of that turnover.

      (4)
In this Schedule “specified” means specified in regulations under this

Schedule.

Amount of charge

4
The regulations may specify the minimum amount that a seller must charge for

each single use carrier bag, or provide for that amount to be determined in

accordance with the regulations.

Single use carrier bags

5
“Single use carrier bag” has the meaning given by the regulations, which may

define that term by reference (in particular) to—

(a)
a bag’s size, thickness, construction, composition or other

characteristics, or

(b)
its intended use,


or any combination of those factors.

Administration

6    (1)
The regulations may appoint a person (an “administrator”) to administer

provision made by regulations under this Schedule.

      (2)
More than one person may be appointed as administrator.

      (3)
The regulations may confer or impose powers or duties on an administrator and

may (in particular) do so—

(a)
by making modifications to any enactment applying to the

administrator, or

(b)
by providing for any such enactment to apply, with or without

modifications, for the purposes of regulations under this Schedule.

      (4)
References in this Schedule to an administrator include a person appointed by

an administrator.

Record-keeping and publication of records

7    (1)
The regulations may require records to be kept relating to charges made for

single use carrier bags.

      (2)
The regulations may require—

(a)
the records, or such other information as may be specified, to be

published at such times and in such manner as may be specified;

(b)
the records, or such other information as may be specified, to be

supplied on request and in such manner as may be specified to—

(i)
the relevant national authority,

(ii)
an administrator, or

(iii)
members of the public.

      (3)
The regulations may (in particular) require the publication or supply of records

or information relating to any of the following—

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Climate Change Bill [Lords], continued

(a)
the amount received by a seller by way of charges for single use carrier

bags;

(b)
the seller’s gross or net proceeds of the charge;

(c)
the uses to which the net proceeds of the charge have been put.

      (4)
In this paragraph—

“gross proceeds of the charge” means the amount received by the seller by

way of charges for single use carrier bags;

“net proceeds of the charge” means the seller’s gross proceeds of the charge

reduced by such amounts as may be specified.

Enforcement

8    (1)
The regulations may confer or impose powers or duties on an administrator to

enforce provision made by regulations under this Schedule.

      (2)
The regulations may (in particular) confer powers on an administrator to—

(a)
require the production of documents or the provision of information,

or

(b)
question a seller or officers or employees of a seller.

      (3)
Regulations under sub-paragraph (2) must contain provision for ensuring that

the power in question is exercised by a person only where the person

reasonably believes there has been a failure to comply with a requirement of

regulations under this Schedule.

Part 2

Civil sanctions

Civil sanctions

1    (1)
The relevant national authority may make provision by regulations about civil

sanctions for breaches of regulations under this Schedule.

      (2)
For the purposes of this Schedule a person breaches regulations under this

Schedule if, in such circumstances as may be specified, the person—

(a)
fails to comply with a requirement made by or under the regulations,

or

(b)
obstructs or fails to assist an administrator.

      (3)
In this Schedule “civil sanction” means—

(a)
a fixed monetary penalty (see paragraph 2), or

(b)
a discretionary requirement (see paragraph 4).

Fixed monetary penalties

2    (1)
The regulations may make provision conferring on an administrator the power

by notice to impose a fixed monetary penalty on a person who breaches

regulations under this Schedule.

      (2)
The regulations may only confer such a power in relation to a case where the

administrator is satisfied on the balance of probabilities that the breach has

occurred.

      (3)
For the purposes of this Schedule a “fixed monetary penalty” is a requirement

to pay to an administrator a penalty of an amount specified in or determined in

accordance with the regulations.

      (4)
The regulations may not provide for the imposition of a fixed monetary penalty

in excess of £5,000.

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Climate Change Bill [Lords], continued

Fixed monetary penalties: procedure

3    (1)
Provision under paragraph 2 must secure that—

(a)
where an administrator proposes to impose a fixed monetary penalty

on a person, the administrator must serve on that person a notice of

what is proposed (a “notice of intent”) that complies with sub-

paragraph (2),

(b)
the notice of intent also offers the person the opportunity to discharge

the person’s liability for the fixed monetary penalty by payment of a

specified sum (which must be less than or equal to the amount of the

penalty),

(c)
if the person does not so discharge liability—

(i)
the person may make written representations and objections to

the administrator in relation to the proposed imposition of the

fixed monetary penalty, and

(ii)
the administrator must at the end of the period for making

representations and objections decide whether to impose the

fixed monetary penalty,

(d)
where the administrator decides to impose the fixed monetary penalty,

the notice imposing it (“the final notice”) complies with sub-paragraph

(4), and

(e)
the person on whom a fixed monetary penalty is imposed may appeal

against the decision to impose it.

      (2)
To comply with this sub-paragraph the notice of intent must include

information as to—

(a)
the grounds for the proposal to impose the fixed monetary penalty.

(b)
the effect of payment of the sum referred to in sub-paragraph (1)(b),

(c)
the right to make representations and objections,

(d)
the circumstances in which the administrator may not impose the fixed

monetary penalty,

(e)
the period within which liability to the fixed monetary penalty may be

discharged, which may not exceed the period of 28 days beginning

with the day on which the notice of intent was received, and

(f)
the period within which representations and objections may be made,

which may not exceed the period of 28 days beginning with the day on

which the notice of intent was received.

      (3)
Provision pursuant to sub-paragraph (1)(c)(ii) must include provision for

circumstances in which the administrator may not decide to impose a fixed

monetary penalty.

      (4)
To comply with this sub-paragraph the final notice referred to in sub-paragraph

(1)(d) must include information as to—

(a)
the grounds for imposing the penalty,

(b)
how payment may be made,

(c)
the period within which payment must be made,

(d)
any early payment discounts or late payment penalties,

(e)
rights of appeal, and

(f)
the consequences of non-payment.

      (5)
Provision pursuant to sub-paragraph (1)(e) must secure that the grounds on

which a person may appeal against a decision of the administrator include the

following—

(a)
that the decision was based on an error of fact;

(b)
that the decision was wrong in law;

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Climate Change Bill [Lords], continued

(c)
that the decision was unreasonable.

Discretionary requirements

4    (1)
The regulations may make provision conferring on an administrator the power

by notice to impose one or more discretionary requirements on a person who

breaches regulations under this Schedule.

      (2)
The regulations may only confer such a power in relation to a case where the

administrator is satisfied on the balance of probabilities that the breach has

occurred.

      (3)
For the purposes of this Schedule a “discretionary requirement” means—

(a)
a requirement to pay a monetary penalty to an administrator of such

amount as the administrator may determine, or

(b)
a requirement to take such steps as an administrator may specify,

within such period as the administrator may specify, to secure that the

breach does not continue or recur.

      (4)
In this Schedule—

“variable monetary penalty” means a requirement referred to in sub-

paragraph (3)(a);

“non-monetary discretionary requirement” means a requirement referred to

in sub-paragraph (3)(b).

      (5)
The regulations must, in relation to each kind of breach of regulations under

this Schedule for which a variable monetary penalty may be imposed—

(a)
specify the maximum penalty that may be imposed for a breach of that

kind, or

(b)
provide for that maximum to be determined in accordance with the

regulations.

      (6)
The regulations may not permit discretionary requirements to be imposed on a

person on more than one occasion in relation to the same act or omission.

Discretionary requirements: procedure

5    (1)
Provision under paragraph 4 must secure that—

(a)
where an administrator proposes to impose a discretionary

requirement on a person, the administrator must serve on that person

a notice of what is proposed (a “notice of intent”) that complies with

sub-paragraph (2),

(b)
that person may make written representations and objections to the

administrator in relation to the proposed imposition of the

discretionary requirement,

(c)
after the end of the period for making such representations and

objections, the administrator must decide whether to—

(i)
impose the discretionary requirement, with or without

modifications, or

(ii)
impose any other discretionary requirement that the

administrator has power to impose under paragraph 4,

(d)
where the administrator decides to impose a discretionary

requirement, the notice imposing it (the “final notice”) complies with

sub-paragraph (4), and

(e)
the person on whom a discretionary requirement is imposed may

appeal against the decision to impose it.

      (2)
To comply with this sub-paragraph the notice of intent must include

information as to—

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Climate Change Bill [Lords], continued

(a)
the grounds for the proposal to impose the discretionary requirement,

(b)
the right to make representations and objections,

(c)
the circumstances in which the administrator may not impose the

discretionary requirement,

(d)
the period within which representations and objections may be made,

which may not be less than the period of 28 days beginning with the

day on which the notice of intent is received.

      (3)
Provision pursuant to sub-paragraph (1)(c) must include provision for

circumstances in which the administrator may not decide to impose a fixed

monetary penalty.

      (4)
To comply with this sub-paragraph the final notice referred to in sub-paragraph

(1)(d) must include information as to—

(a)
the grounds for imposing the discretionary requirement,

(b)
where the discretionary requirement is a variable monetary penalty—

(i)
how payment may be made,

(ii)
the period within which payment must be made, and

(iii)
any early payment discounts or late payment penalties,

(c)
rights of appeal, and

(d)
the consequences of non-compliance.

      (5)
Provision pursuant to sub-paragraph (1)(e) must secure that the grounds on

which a person may appeal against a decision of the administrator include the

following—

(a)
that the decision was based on an error of fact;

(b)
that the decision was wrong in law;

(c)
in the case of a variable monetary penalty, that the amount of the

penalty is unreasonable;

(d)
in the case of a non-monetary discretionary requirement, that the

nature of the requirement is unreasonable;

(e)
that the decision was unreasonable for any other reason.

Discretionary requirements: enforcement

6    (1)
Provision under paragraph 4 may include provision for a person to pay a

monetary penalty (a “non-compliance penalty”) to an administrator if the

person fails to comply with a non-monetary discretionary requirement

imposed on the person.

      (2)
Provision under sub-paragraph (1) may—

(a)
specify the amount of the non-compliance penalty or provide for that

amount to be determined in accordance with the regulations, or

(b)
provide for the amount to be determined by the administrator or in

some other way.

      (3)
If the regulations make provision within sub-paragraph (2)(b), they must, in

relation to each kind of failure for which a non-compliance penalty may be

imposed—

(a)
specify the maximum penalty that may be imposed for a failure of that

kind, or

(b)
provide for that maximum to be determined in accordance with the

regulations.

      (4)
Provision under sub-paragraph (1) must secure that—

(a)
the non-compliance penalty is imposed by notice served by the

administrator, and